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TMI Blog2015 (9) TMI 291X X X X Extracts X X X X X X X X Extracts X X X X ..... hene/viscose blended fabric – As there was collusion between 2nd petitioner and third party, incorrect/manipulated/false information regarding quantities/weight/composition of exported goods was provided to show compliance of terms and conditions of licence and demand of duty was confirmed – Held that:- Admittedly petitioners addressed several letters requesting authorities to proceed with matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is that a notice to show cause dated 13th March 1997 was served on the petitioner alleging that the petitioner no.1 was issued a conditional advance licence. The compliance was to be made with the condition that the petitioners would export polythene/viscose blended fabric. The allegations were that there is a collusion between the 2nd petitioner and a third party by which incorrect/manipulated/f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , two prayers are made in the writ petition and one is in the nature of a declaration that the show cause notice now cannot be adjudicated sheerly by efflux of time. The basis is that nearly 18 years have lapsed from the issuance of the same and therefore, there is no power in the adjudicating authority to proceed and pass an adjudication order in terms of such a stale show cause notice. It be the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , then, the superior authorities ought to have conducted inquiries and investigations. It was their responsibility and duty to find out why old show cause notices have still not been adjudicated nor any adjudication order passed or directions issued to drop the proceedings. Eventually, they are dealing with public money. The powers conferred in them are in the nature of trust. They cannot merely i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate at Mumbai. They should also file an affidavit stating how may proceedings of the nature complained of are pending, their number and what steps would be taken to deal with them or conclude them in accordance with law. 9. We grant two weeks time to Mr. Jetley learned counsel appearing for the respondents to do the needful. We would pass final orders on the petition after a period of two week ..... X X X X Extracts X X X X X X X X Extracts X X X X
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